Reprinted

April 12, 2001





ENGROSSED

SENATE BILL No. 63

_____


DIGEST OF SB 63 (Updated April 11, 2001 6:27 PM - DI 84)



Citations Affected: IC 35-42; noncode.

Synopsis: Interference with medical services. Provides that a person who knowingly or intentionally physically interrupts, obstructs, or alters the delivery or administration of prescription drugs ordered or prescribed for a patient without a prescription or order commits interference with medical services, a Class A misdemeanor. Makes the offense a Class D felony if the conduct results in bodily injury to the patient. Makes the offense: (1) a Class C felony if it is committed by a person who is a health care provider or licensed health professional; (2) a Class B felony if it results in serious bodily injury to the patient; and (3) a Class A felony if it results in the death of the patient. Provides for certain defenses.

Effective: July 1, 2001.





Wyss, Craycraft, Long, Meeks C, Alexa, Zakas, Young R Michael, Broden
(HOUSE SPONSORS _ DVORAK, YOUNG D, GOEGLEIN, GIAQUINTA)




    January 8, 2001, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.
    January 18, 2001, amended, reported favorably _ Do Pass.
    January 22, 2001, read second time, ordered engrossed. Engrossed.
    January 23, 2001, read third time, passed. Yeas 49, nays 0.

HOUSE ACTION

    February 26, 2001, read first time and referred to Committee on Courts and Criminal Code.
    April 5, 2001, amended, reported _ Do Pass.
    April 9, 2001, read second time, ordered engrossed. Engrossed.
    April 11, read third time, recommitted to a Committee of One, amended; passed. Yeas 49, Nays 0.







Reprinted

April 12, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.


ENGROSSED

SENATE BILL No. 63



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 35-42-2-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. (a) The following definitions apply throughout this section:
        (1) "Health care provider" refers to a health care provider (as defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or IC 16-18-2-163(c)) or a qualified medication aide as described in IC 16-28-1-11.
        (2) "Licensed health professional" has the meaning set forth in IC 25-23-1-27.1.
        (3) "Practitioner" has the meaning set forth in IC 16-42-19-5. However, the term does not include a veterinarian.
        (4) "Prescription drug" has the meaning set forth in IC 35-48-1-25.
    (b) A person who knowingly or intentionally physically interrupts, obstructs, or alters the delivery or administration of a prescription drug:


        (1) prescribed or ordered by a practitioner for a person who is a patient of the practitioner; and
        (2) without the prescription or order of a practitioner;
commits interference with medical services, a Class A misdemeanor. However, the offense is a Class D felony if the offense results in bodily injury to the patient.
    (c) However, an offense described in subsection (b) is:
        (1) a Class C felony if it is committed by a person who is a licensed health care provider or licensed health professional;
        (2) a Class B felony if it results in serious bodily injury to the patient; and
        (3) a Class A felony if it results in the death of the patient.

     (d) A person is justified in engaging in conduct otherwise prohibited under this section if the conduct was performed by:
        (1) a health care provider or licensed health professional who acted in good faith within the scope of the person's practice or employment; or
        (2) a person who was rendering emergency care at the scene of an emergency or accident in a good faith attempt to avoid or minimize serious bodily injury to the patient.

    SECTION 2. [EFFECTIVE JULY 1, 2001] IC 35-42-2-8, as added by this act, applies only to crimes committed after June 30, 2001.